COMMENT DUE DATE:
January 6, 2009
DATE:
December 12, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-21
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 40.CHILD CARE SERVICES SUBSIDY
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-3 through 340:40-7-3.1 [AMENDED]
OAC 340:40-7-6 through 340:40-7-10 [AMENDED]
OAC 340:40-7-11 [Instructions to Staff only revised]
OAC 340:40-7-12 through 340:40-7-13 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-1 [Instructions to Staff only revised]
OAC 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-3 [AMENDED]
OAC 340:40-13-5 [AMENDED]
OAC 340:40-15-1 [Instructions to Staff only revised]
(Reference APA WF 08-21)
SUMMARY: The proposed revisions to Subchapters 3, 5, 7, 9, 10, and 13 of Chapter 40 amend the rules to: (1) add clarifying language regarding when a new application is required; (2) add clarifying language regarding when clients must provide a statement from a licensed health care professional for a child over 13 in child care; (3) clarify requirements for the special needs rate; (4) remove enrichment as a need factor; (5) add clarifying language regarding the process to follow when a household member is temporarily absent; (6) add clarifying language regarding how child support income received for a minor parent is considered; (7) add clarifying language regarding the change of payee process; (8) refer payment information regarding in-home providers to the applicable appendix; (9) require assistant caregivers in large family homes to provide a copy of their Oklahoma State Bureau of Investigation (OSBI) background check to the Family Support Services Division (FSSD) Child Care Section; (10) add language that failing to report income from the child care business to the Family Support Services (FSS) worker is a child care contract violation for child care providers receiving assistance; (11) remove internal procedures; (12) reflect current appendices and form numbers; and (13) replace outdated language and terminology.
340:40-3-1 is amended to:(1) remove internal procedures from rules regarding who is responsible for taking applications; (2) clarify when a new application is required; and (3) update appendices numbers.
340:40-5-1, 340:40-7-1, 340:40-7-13, 340:40-10-4 are amended to show current appendices numbers.
340:40-7-3 is amended to clarify that a statement from a licensed health care professional is required before care is approved and annually upon review when a child 13 or older receives subsidized child care benefits.
340:40-7-3.1 is amended to: (1) clarify requirements for the special needs rate; (2) clarify that a new statement from a licensed health care professional is required annually upon review when a child 13 or older receives subsidized child care benefits; (3) remove enrichment as a need factor as this type of care is no longer offered; and (4) update form numbers.
340:40-7-6 is amended to clarify the process to follow when a household member is temporarily absent.
340:40-7-7 is amended to remove the reference to enrichment child care as this type of care is no longer offered.
340:40-7-8 is amended to: (1) remove enrichment child care as a need factor as this type of child care is no longer offered; and (2) update language to current terminology.
340:40-7-9 is amended to: (1) show current appendices numbers; and (2) remove an obsolete form as a required form.
340:40-7-11 Instructions to Staff (ITS) is amended to: (1) add clarification of when a child predetermined to be eligible for child care might choose to receive a co-payment so other children in the household might become eligible for child care benefits; (2) add reference cite regarding resources to lump sum payments; and (3) change the name of the Food Stamp Program to SNAP.
340:40-7-12 is amended to: (1) clarify that child support income received by the parent of a minor parent is not counted as income for the minor parents child care benefits; and (2) update terminology regarding the Supplemental Nutrition Assistance Program (SNAP).
340:40-9-2 is amended to: (1) clarify the process used when there is a change of payee; and (2) show current appendices numbers.
340:40-10-1 ITS is amended to clarify the process for issuing electronic benefit transfer (EBT) cards for two-parent households.
340:40-13-3 is amended to: (1) refer payment information regarding in-home providers to the applicable appendix; and (2) show current appendices numbers.
340:40-13-5 is amended to: (1) require assistant caregivers in large family homes to provide a copy of their Oklahoma State Bureau of Investigation (OSBI) background checks to the Family Support Services (FSSD) Division Child Care Section; and (2) add that failing to report income from the child care business to the FSSD worker is a contract violation for child care providers receiving assistance.
340:40-15-1 ITS is amended to: (1) show current appendix numbers; and (2) update language to current terminology.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:December 16, 2008
Re:CHAPTER 40.CHILD CARE SERVICES SUBSIDY
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-3 through 340:40-7-3.1 [AMENDED]
OAC 340:40-7-6 through 340:40-7-10 [AMENDED]
OAC 340:40-7-12 through 340:40-7-13 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-3 [AMENDED]
OAC 340:40-13-5 [AMENDED]
(Reference APA WF 08-21)
Contact: Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 3 of Chapter 40 amend the rules to: (1) remove internal procedures from rules; (2) add clarifying language regarding when a new application is required; and (3) update appendix numbers.
Subchapter 5 of Chapter 40 amend the rules to: (1) show current appendices numbers.
Subchapter 7 of Chapter 40 amend the rules to:(1) show current appendices and form numbers, (2) add clarifying language regarding when clients must provide a statement from a licensed health care professional for a child over 13 in child care, (3) clarify requirements for the special needs rate, (4) remove enrichment as a need factor, (5) add clarifying language regarding the process to follow when a household member is temporarily absent,(6) add clarifying language regarding how child support income received for a minor parent is considered, and (8) replace outdated language and terminology.
Subchapter 9 of Chapter 40 amend the rules to: (1) add clarifying language regarding the change of payee process, (2) replace outdated language and terminology and (3) to show current appendices numbers.
Subchapter 10 of Chapter 40 amend the rules to show current appendices numbers.
Subchapter 13 of Chapter 40 amend the rules to: (1) add clarifying language; (2) refer payment information regarding in-home providers to the applicable appendix; (3) show current appendices numbers; (4) require assistant caregivers in large family homes to provide a copy of their Oklahoma State Bureau of Investigation (OSBI) background check to the Family Support Services Division (FSSD) Child Care Section; and (5) add language that failing to report income from the child care business to the Family Support Services (FSS) worker is a child care contract violation for child care providers receiving assistance.
Strategic Plan impact.The proposed rules support the OKDHS goal of continuously improving systems and processes to achieve OKDHS goals.
Substantive changes.
340:40-3-1 is amended to: (1) remove internal procedures from rules regarding who is responsible for taking applications; (2) clarify when a new application is required; and (3) update appendices numbers.
340:40-5-1, 340:40-7-1, 340:40-7-13, 340:40-10-4 is amended to show current appendices numbers.
340:40-7-3 is amended to clarify that a statement from a licensed health care professional is required before care is approved and annually upon review when a child 13 or older receives subsidized child care benefits.
340:40-7-3.1 is amended to: (1) clarify requirements for the special needs rate; (2) clarify that a new statement from a licensed health care professional is required annually upon review when a child 13 or older receives subsidized child care benefits; (3) remove enrichment as a need factor as this type of care is no longer offered; and (4) update form numbers.
340:40-7-6 is amended to clarify the process to follow when a household member is temporarily absent.
340:40-7-7 is amended to remove the reference to enrichment child care as this type of care is no longer offered.
340:40-7-8 is amended to: (1) remove enrichment child care as a need factor as this type of child care is no longer offered; and (2) update language to current terminology.
340:40-7-9 is amended to: (1) show current appendices numbers; and (2) remove an obsolete form as a required form.
340:40-7-12 is amended to: (1) clarify that child support income received by the parent of a minor parent is not counted as income for the minor parents child care benefits; and (2) update terminology regarding the Supplemental Nutrition Assistance Program (SNAP).
340:40-9-2 is amended to: (1) clarify the process used when there is a change of payee; and (2) show current appendices numbers.
340:40-13-3 is amended to: (1) refer payment information regarding in-home providers to the applicable appendix; and (2) show current appendices numbers.
340:40-13-5 is amended to: (1) require assistant caregivers in large family homes to provide a copy of their Oklahoma State Bureau of Investigation (OSBI) background checks to the Family Support Services (FSSD) Division Child Care Section; and (2) add that failing to report income from the child care business to the FSSD worker is a contract violation for child care providers receiving assistance.
Reasons.The reasons for the proposed revisions are to: (1) clarify rules because of questions received from field staff; (2) to update language to current terminology; (3) to remove enrichment child care as a need factor as this is not considered a need factor based on Child Care Development Fund regulations; (4) refer payment information regarding in-home providers to the appropriate appendix as it is subject to change; (5) adding new requirements to the process of obtaining child care contracts to better insure that child care providers understand their responsibilities and for staff to make better decisions about who receives a child care contract.
Repercussions. The proposed rules provide will give staff a clearer explanation of how to process applications and manage existing cases.If the proposed revisions are not implemented staff may not properly process and maintain cases which could cause clients to receive an incorrect level of benefits and may cause errors if cases are audited.The proposed rule removing enrichment child care as a need factor may have a negative impact on children who are currently receiving enrichment child care.According to available records, one child is currently approved for this service.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities.The classes of persons most likely to be affected by the proposed rules are the clients receiving benefits administered by FSSD, persons who have child care contracts or plan to obtain child care contracts, and OKDHS staff. The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are the clients receiving benefits administered by FSSD and OKDHS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services to positively impact clients or families.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:It is possible that child care providers requesting a contract may not receive one if they do not meet new contracting requirements or that existing providers' contracts may be cancelled.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will reduce risks to the public's health, safety, and environment by facilitating the delivery of benefits and services to persons who are in need.Removing enrichment child care as a need factor is not expected to pose health or safety issues as it was designed to provide a few hours of socialization for a child with disabilities per month rather than to keep children safe.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: The determination of the initial and continuing eligibility may be hindered for certain persons if the proposed rule is not implemented since it provides clarifying language that facilitates the delivery of benefits and services to persons who are in need.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 30, 2008. Modified 12-16-08 for permanent rulemaking.
